Determinations regarding the amount of penalties and assessments and the period of exclusion.

In considering the factors listed in § 1003.140: (a) It should be considered a mitigating circumstance if all the items, services, or violations included in the action brought under this part were of the same type and occurred within a short period of time; there were few such items, services, or violations; and the total amount claimed or requested for such items or services was less than $5,000. (b) Aggravating circumstances include— (1) The violations were of several types or occurred over a lengthy period of time; (2) There were many such items, services, or violations (or the nature and circumstances indicate a pattern of claims or requests for payment for such items or services or a pattern of violations); (3) The amount claimed or requested for such items or services or the amount of the remuneration was $50,000 or more; or (4) The violation resulted, or could have resulted, in harm to the patient, a premature discharge, or a need for additional services or subsequent hospital admission.